Penumuchu Hanumantha Rao, v. The State Of Andhra Pradesh, Rep By Its Principal Secretary,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Writ Petition No.41823 of 2016 Order: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) Heard Sri B. Thimothi, learned counsel for the petitioner, and Sri G. Ramachandra Rao, learned Standing Counsel for the Andhra Pradesh Pollution Control Board and, with their consent, the writ petition is disposed of at the stage of admission. The petitioner submitted a complaint to the Environmental Engineer of the State Pollution Control Board on 16.12.2015 informing him that the 5th respondent was carrying on business of a rice mill which was resulting in dust, husk, garbage pouring into the petitioner's adjoining site.

It is his case that, instead of taking any action to stop pollution, the 5th respondent had abused him; and though he had submitted a representation on 16.12.2015, no action has, as yet, been taken by the 4th respondent in this regard. Sri G. Ramachandra Rao, learned Standing Counsel for the Andhra Pradesh Pollution Control Board, would submit that the petitioner's representation would be considered; and action would be taken, in accordance with law, within one month from today. The respondents are directed to dispose of the petitioner's representation at the earliest and, in any event, not later than one month from the date of receipt of a copy of this order.

It is made clear that, in case the Pollution Control Board intends taking action against the 5th respondent's rice mill under the Pollution laws, they shall put the 5th respondent on notice, and give him an opportunity of being heard, before doing so.

With these observations, the writ petition is disposed of. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A. SHANKAR NARAYANA, J) 5th December, 2016 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Writ Petition No.41823 of 2016 Date: 5.12.2016 pnb